Mary Barwell of Hose 1857 Will
Leicestershire, Leicester and Rutland Archives PR/T/1857/9
This is the last Will and Testament of me Mary Barwell of Hose in the County of Leicester Widow as follows
I give and devise all my Messuages Closes Lands and hereditaments situate in Hose in the County of Leicester or elsewhere in the Kingdom of England unto my two friends Thomas Beaumont Shillcock and Henry Shillcock both of Hose aforesaid Graziers their heirs and assigns upon the following trusts that is to say Upon trust with all convenient speed after my decease absolutely to sell the said hereditaments and premises either together or in parcels and either by public Auction or Private Contract and to convey and assure the same unto the purchaser or purchasers thereof or as he she or they shall direct and to receive the monies arising from the Sale or Sales thereof and give effectual discharges for the same exonerating the purchaser or purchasers thereof from all liability in respect of the application thereof
And as to all my personal Estate whatsoever I give and bequeath the same unto the said Thomas Beaumont Shillcock and Henry Shillcock their executors administrators and assigns Upon trust as soon as conveniently may be after my decease to sell or dispose of and convert into money so much and such parts of my said personal Estate as shall not consist of money and to collect get in and receive the remaining part of my said personal Estate
And I declare that all persons paying to my said Trustees or Trustee any monies belonging to my said personal Estate and taking their or his receipt for the same shall be effectually discharged from all responsibility in respect of the application thereof And it is my Will and I declare that the said Thomas Beaumont Shillcock and Henry Shillcock and the Survivor of them his executors and administrators shall stand possessed of as well the monies to arise from my said Personal Estate as the monies to be produced by the Sale or Sales to be made under or by virtue of the trusts hereinbefore contained concerning my said real Estate hereinbefore devised Upon trust by with or out of the same monies to pay or satisfy and retain all my just debts funeral and testamentary expences and all expences incident to the trusts hereby created
And as to all the remainder of the purchase monies and personal Estate and Effects I direct my said Trustees and the Survivor of them his executors administrators and assigns to divide the same into Sixteen equal shares I give and bequeath the same and every part thereof as follows namely
I give and bequeath unto the four children of my late Brother John Corner deceased namely Robert Corner Elizabeth Corner Dorothy Corner and Keturah Corner four Sixteenth equal shares thereof absolutely
Unto the two children of my Brother Robert Corner of Nottingham namely Frances Corner and Ann Corner two Sixteenth equal shares thereof absolutely
Unto the three children of my Brother Thomas Corner of Clawson namely Sarah Ann Corner Frances Corner and John Corner three other Sixteenth equal shares thereof absolutely
Unto the two children of my Sister Sarah Gibson namely John Gibson and Reuben Gibson and the two Children of my late Niece Fanny Gibson late Morrison John Morrison and Hugh Morrison three other Sixteenth equal shares thereof absolutely
Unto the two children of my late husbands Sister Ann Munton namely Sarah Munton and Rebecca Munton two other Sixteenth equal shares thereof absolutely
Unto Emma Lee of Plungar one other Sixteenth equal share thereof absolutely and Unto Elizabeth Patchett and Sarah Welbourne (daughter of Dorothy Warrinor deceased) the remaining one Sixteenth equal share thereof to be equally divided between them absolutely
And whereas John Morrison and Hugh Morrison are infants and under the age of Twenty one years Now I do hereby direct my said Trustees and the Survivor of them his executors or administrators to lay out and invest their one Sixteenth share in or upon the public Stocks or funds or any real Security in the united Kingdom in their names or name and with the Dividend and Interest arising therefrom apply the same towards the maintenance and bringing up of the said John Morrison and Hugh Morrison until they shall respectively attain their respective ages of twenty one years And when and so soon as they shall respectively attain such age then to pay their said one Sixteenth share between them equally But in case either of them die under the age of twenty one years then the half share of him so dying shall sink into the residue for the equal benefit of all my Legatees before mentioned
Provided that in case any of the before mentioned Legatees die in my lifetime I direct such Legacy or Legacies shall sink in for the equal benefit of all the surviving Legatees
Provided and I do hereby declare that my said Trustees and the Survivor of them his executors administrators and assigns shall be charged and chargeable for such monies only as they respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their giving or signing or joining in giving or signing any receipt or receipts for the sake of Conformity And neither of them shall be answerable or accountable for the other of them or for any of trust monies placed in the hands of any Banker or Broker for safe custody or for involuntary losses except the same happen through his own wilful neglect or default and also that it shall be lawful for them out of the monies which shall come to their hands respectively by virtue of the trusts aforesaid to reimburse themselves respectively all costs and expences they may be put to or sustain in or about the execution of the aforesaid trusts or in relation thereto
And Lastly I do hereby nominate and appoint the said Thomas Beaumont Shillcock and Henry Shillcock Trustees and Executors of this my last Will and Testament hereby revoking all others by me made
In Witness whereof I have hereunto set my hand this Twenty second day of July One thousand eight hundred and forty five
The Mark of Mary Barwell
Signed Published and declared by the said Mary Barwell the Testator as and for her last Will and Testament in the presence of us who have at her request in her presence and in the presence of each other at the same time set our hands as Witnesses thereto the several Erazures and interlineations throughout being first made
Will Hourd ) of Hose
John Musson ) aforesaid
Whereas I Mary Barwell of Hose in the County of Leicester Widow have made and executed my last Will and Testament in writing bearing date the twenty second day of July One thousand eight hundred and forty five Now I declare this present Writing to be a Codicil to my said Will and to be taken as part thereof
Whereas I have in my said Will Appointed Thomas Beaumont Shillcock and Henry Shillcock both of Hose aforesaid Trustees and Executors of my said Will And Whereas the said Thomas Beaumont Shillcock is lately dead Now I do hereby appoint my Nephew Robert Corner of Hose aforesaid Blacksmith a Trustee and Executor of my said Will in the place of the said Thomas Beaumont Shillcock And I do hereby Give and devise all my Real and personal Estate and effects whatsoever and wheresoever subject to the Trusts of my said Will unto the said Henry Shillcock and Robert Corner and the Survivor of them his heirs Executors Administrators and assigns and invest them with the same powers authorities and indemnities as in my said Will is contained And appoint them Trustees and Executors thereof And I do hereby ratify and confirm my said Will in every other respect
In Witness whereof I have hereunto set my hand this Twelfth day of July One thousand eight hundred and fifty five
The Mark of Mary Barwell
Signed Published and Declared by the said Mary Barwell as and for a Codicil to her last Will and Testament in the presence of us who have at her request in her presence and in the presence of each other at the same time subscribed our names as witnesses thereto
Thomas Burnett
John Stokes
The Twenty Seventh day of October 1857
Henry Shillcock of Hose in the County of Leicester Grazier and Robert Corner of the same place Blacksmith the Executors in this Will and Codicil named were duly sworn to the truth and faithful performance thereof as usual and to the truth of the usual Stamp Office Affidavit and that the goods chattels and credits of the deceased without deducting any thing on account of debts owing therefrom do not amount in value to the sum of One hundred pounds and that the deceased died on the seventeenth day of May last past
Before me William Henry Oakley Surrogate to the Archdeacon
6th November 1857
Will and Codicil exhibited before the Reverend John Wing Clerk Master of Arts and Surrogate and Probate decreed to pass seal to the above named Henry Shillcock and Robert Corner in the presence of
Geo H Nevinson Not. Pub. Registrar
Same day Probate dated and signed by us
Geo H Nevinson )
Thos Nevinson ) Regrs